Riot Offenses in Colorado
C.R.S. 18-9-102, Colorado’s Inciting Riot Statute
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
Arming rioters is defined in C.R.S. 18-9-103 which defines the offense as follows:
C.R.S. 18-9-103, Colorado’s Arming Rioters Statute
In Colorado:
(1) A person commits arming rioters if he:
(a) Knowingly supplies a deadly weapon or destructive device for use in a riot; or
(b) Teaches another to prepare or use a deadly weapon or destructive device with intent that any such thing be used in a riot.
(2) Arming rioters is a class 4 felony.
Engaging in a riot is defined in C.R.S. 18-9-104 which defines the offense as follows:
C.R.S. 18-9-104, Colorado’s Engaging in a Riot Statute
In Colorado:
(1) A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.
(2) The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.
C.R.S. 18-9-105, Colorado’s Disobedience of Public Safety Orders Under Riot Conditions Statute
In Colorado:
A person commits a class 2 misdemeanor if, during a riot or when one is impending, the person knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless the news reporter or other person is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense.
C.R.S. 18-8-211, Colorado’s Riots in Detention Facilities Statute
In Colorado:
(1) A person confined in any detention facility within the state commits active participation in a riot when he, with two or more other persons, actively participates in violent conduct that creates grave danger of, or does cause, damage to property or injury to persons and substantially obstructs the performance of institutional functions, or commands, induces, entreats, or otherwise attempts to persuade others to engage in such conduct.
(2) Active participation in a riot by any person while confined in any detention facility within the state:
(a) Is a class 3 felony if the participant employs in the course of such participation a deadly weapon, as defined in section 18-1-901 (3)(e), destructive device, as defined in section 18-9-101 (1), or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if the participant, in the course of such participation, represents verbally or otherwise that he or she is armed with a deadly weapon; or
(b) Is a class 4 felony if the participant does not employ any such weapon or device in the course of such participation.
(3) A person confined in any detention facility in this state commits a class 5 felony if, during a riot or when a riot is impending, he intentionally disobeys an order of a detention officer to move, disperse, or refrain from specified activities in the immediate vicinity of the riot or impending riot.
(4) “Detention facility”, as used in this section, means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
Possible Penalties for a Riot Offense in Colorado
Riot Offenses
C.R.S. 18-9-104(1)
C.R.S. 18-9-105
C.R.S. 18-9-102(3)
C.R.S. 18-9-102(3)
C.R.S. 18-8-211(3)
C.R.S. 18-9-103(2)
C.R.S. 18-9-104(1)
C.R.S. 18-8-211(2)(b)
C.R.S. 18-8-211(2)(a)
Class 2 Misdemeanor
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
Class 1 Misdemeanor
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
Class 5 Felony
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
Class 4 Felony
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
Class 3 Felony
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
Riot Offenses
(Click Links Below To See Penalties)
C.R.S. 18-9-104(1)
C.R.S. 18-9-105
C.R.S. 18-9-102(3)
C.R.S. 18-9-102(3)
C.R.S. 18-8-211(3)
C.R.S. 18-9-103(2)
C.R.S. 18-9-104(1)
C.R.S. 18-8-211(2)(b)
C.R.S. 18-8-211(2)(a)
Class 2 Misdemeanor
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
Class 1 Misdemeanor
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
Class 5 Felony
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
Class 4 Felony
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
Class 3 Felony
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
Defenses to a Riot Offense in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the offense exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.
First Amendment – Free Speech, Right to Assemble, and Protest Defense to Riot OffensesGeneral Denial
The First Amendment to the U.S. Constitution and Art. II. Section 7 of the Colorado Constitution protects an individual’s right to freedom of speech and the right to peaceably assemble. These rights are instrumental in allowing citizens to express their views and to protest without fear of government interference.
The right to peaceful protest is closely tied to the freedom of speech. This means that individuals have the right to express their views, even if they are controversial or unpopular, without fear of retaliation, censorship, or legal sanction. The right to assemble peaceably is also protected, allowing people to come together and collectively express, promote, pursue, and defend their ideas.
When riot related charges arise out of protest or speech related activities, in certain circumstances the accused can raise a free speech, right to assemble and protest defense. This defense involves arguing that the actions taken were a form of protected speech or assembly. Free speech defenses involve a complex fact specific inquiry that depends heavily on the details of the case, including the nature of the advocacy, the intent of the individual, and the impact on the audience. In certain circumstances, the First Amendment can be a powerful defense to riot related offenses.
Mistaken Identity
Mistaken identity is a general denial defense that attacks the element of who committed the alleged offense. As the prosecution is required not only to prove that the offense happened, but that the person charged committed the offense, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of a riot offense case, mistaken identity defenses usually arise when the accused is arrested and charged with disobedience to public safety orders in riot conditions after the alleged offense happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.
Alternate Suspect
The alternate suspect defense occasionally arises in riot offense cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the offense. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of offense by raising the possibility that another person committed the offense rather than the accused. In Colorado riot offense trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”
If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in riot offense cases, certain circumstances will give rise to the availability of this defense.
Duress
Under Colorado’s duress statute C.R.S. 18-1-708, a person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section 18-1-702, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.
Entrapment
Under Colorado’s entrapment statute, C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.
Choice of Evils
Under Colorado’s choice of evils statute, C.R.S. 18-1-702 (1) conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
Statute of Limitations for Riot Offenses in Colorado
In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for a riot offense in Colorado is as follows:
- Felony riot offense charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
- Misdemeanor riot offense charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
Legal References
- C.R.S. 18-9-102 https://colorado.public.law/statutes/crs_18-9-102
- C.R.S. 18-9-103 https://colorado.public.law/statutes/crs_18-9-103
- C.R.S. 18-9-104 https://colorado.public.law/statutes/crs_18-9-104
- C.R.S. 18-9-105 https://colorado.public.law/statutes/crs_18-9-105
- C.R.S. 18-8-211 https://colorado.public.law/statutes/crs_18-8-211
Contact the Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with a riot offense, contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged, time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.